General Terms and Conditions

§ 1 Scope of application, customer information
(1) The following general terms and conditions govern the contractual relationship between German Health Technology GmbH and consumers and entrepreneurs who purchase goods through our company or our store. We do not recognize any terms and conditions that contradict or deviate from our terms and conditions.
(2) A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity.
(3) An entrepreneur is a natural or legal person or a partnership with legal capacity which, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.
(4) The contractual language is German.

§ 2 Conclusion of contract:
(1) The presentation of the goods in the Internet store does not constitute a binding offer by German Health Technology GmbH to conclude a purchase contract. The customer is merely requested to submit an offer by placing an order.
(2) By clicking the button concluding the order, the customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping cart. By submitting the order, the customer also recognizes these terms and conditions as solely applicable to the legal relationship with the provider.
(3) The provider confirms receipt of the customer’s order by sending a confirmation email. This order confirmation does not constitute acceptance of the contract offer by the provider. It merely serves to inform the customer that the order has been received by the provider. The declaration of acceptance of the contract offer is made by an express declaration of acceptance.
The period for acceptance of the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall constitute a rejection of the offer. The customer is then no longer bound by his declaration of intent.
(4) If you would like to order by telephone or fax, please first send us your purchase request via the medium of your choice. You will then receive an offer from us by email, which you can also accept by email.
The contract is concluded when you send your acceptance.

§ 3 Customer information: Storage of your order data:
Your order with details (e.g. type of product, price, etc.) will be stored by us. We will send you the GTC, but you can also access the GTC at any time via our website. As a registered customer, you can access your past orders via the customer login area (My customer account).

§ 4 Customer information: Correction note:
You can correct your entries at any time before submitting the order using the delete button. We will inform you of further correction options as you progress through the ordering process. You can also end the order process completely at any time by closing the browser window.

§ 5 Right of withdrawal
(1) If the customer is a consumer, he is generally entitled to a right of withdrawal.
(2) Our cancellation policy applies to the right of withdrawal.

§ 6 Retention of title:
The object of purchase remains our property until full payment has been made.

§ 7 Warranty
(1) With regard to the warranty, the provisions of the statutory liability for defects shall apply, unless otherwise agreed.
(2) Warranty towards entrepreneurs: Your warranty claims due to defects in the purchased item shall expire one year after the transfer of risk. Excluded from this provision are claims for damages, claims for defects that we have fraudulently concealed and claims arising from a guarantee that we have assumed for the quality of the item. Also excluded is the right of recourse according to § 478 BGB. The statutory limitation periods shall apply to these excluded claims.
(3)The customer is obliged to provide proof of purchase in order to be able to claim his warranty rights. The purchased product must be clearly identifiable as a Biorelax (German Health Technology) product. The presence of the serial number, the label or other proof of purchase can be considered as (4) proof. It is therefore advisable for the customer not to remove the serial number, label or invoice after the purchase in order to simplify the warranty process.

In other warranty matters, the provisions of statutory liability for defects shall apply, unless otherwise agreed.

§ 8 Limitation of liability:
(1) Our liability is – except in the case of intentional or grossly negligent behavior or damages resulting from injury to life, body and health and the breach of essential contractual obligations (cardinal obligations) – limited to the damages typically foreseeable at the time of conclusion of the contract and otherwise to the amount of the average damages typical for the contract. This also applies to indirect consequential damages such as, in particular, loss of profit.
An essential contractual obligation is one whose fulfillment is essential for the proper execution of the contract between German Health Technology GmbH and the seller and on whose compliance the contractual partner regularly relies and may rely.
(2) The limitation of liability in paragraphs 1 and 2 shall also apply mutatis mutandis in favor of our employees and vicarious agents.

§ 9 Final provisions
(1)The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.
(2) The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.
(3) The place of performance shall be our registered office if the customer is a merchant.
(4) If the customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany or moves his place of residence to another EU country after conclusion of the contract or his place of residence is not known at the time the action is filed, the place of jurisdiction shall be our registered office.
(5) Should individual provisions of this contract be invalid or contradict the statutory provisions, this shall not affect the remainder of the contract.